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Code of Criminal Procedure, 1973

Section 458

Procedure when no claimant appears within six months

Quick Answer Reference: Section 458 CrPC

  • Provision: Section 458 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 458 of CrPC say?

If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed. An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

Indian StandardSection 458, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 458 (India)
Court Pleading StandardSection 458 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/458

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 458 CrPC

What is Section 458 of CrPC?

Section 458 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure when no claimant appears within six months". The section states: If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired...

What is the punishment under Section 458 of CrPC?

Section 458 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 458 of CrPC bailable or non-bailable?

Whether Section 458 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 458 CrPC

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)